When does a sovereign state control a company? Plaintiffs are asking a federal appeals court to limit eligibility under the Foreign Sovereign Immunities Act

Article Abstract:

Attorneys representing defendant airlines partially owned by foreign governments under suit in aircraft accident cases have tried to used the Foreign Sovereign Immunities Act of 1976 to shield the airlines from liability. This law is supposed to shield only companies mainly owned by a foreign state, not those only under indirect ownership. Attorneys for Avions de Transport Regional, makers of the American Eagle plane which crashed outside Roselawn, IN, have wrongfully tried to use the law as a stalling tactic to removal all cases to federal court.

Removal of causes, Liability for aircraft accidents

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Courts disagree on the extent to which the Foreign Sovereign Immunities Act permits pooling of interests and tiering of subsidiaries by foreign governments

Article Abstract:

The courts have in the past few years dealt with the proper boundaries of agency-or-instrumentality status under the Foreign Sovereign Immunities Act. (FSIA.) The US Court of Appeal's for the 7th Circuit's 1996 Roselawn case solidified a trend of giving subsidiaries of foreign public corporations and entities of created by joint ventures of foreign countries foreign-state status. Courts try to balance competing interests while waiting for the legislature or the Supreme Court to provide more clarity on pooling and tiering.

Foreign corporations, Subsidiary corporations, Subsidiaries

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Will Title VII ruling open floodgates? High court adopts payroll method to define employee

Article Abstract:

The US Supreme Court ruled in Walters v. Metropolitan Educational Enterprises, Inc. that workers suing for employment discrimination under Title VII of the 1964 Civil Rights Act could use the payroll method to determine whether a business was large enough to be sued. Some employment lawyers maintain this could open small business to a great many discrimination suits. As many as 12% of US businesses are liable to suit as a result of the ruling.

Cases, Small business, Employment discrimination

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